Obligations Chapter 2 part 1

Summary

This lecture delves into the specifics of obligations as outlined in Article 1156, emphasizing the juridical necessity to perform or face penalties. It distinguishes between 'real' and 'personal' obligations, focusing on the obligations of a debtor to deliver specific or generic objects. The script explains the duties to preserve, deliver, and account for accessories, accessions, and fruits of the object, highlighting the principle that 'genus never perishes' for generic objects and the varying degrees of diligence required for specific objects.

Takeaways

• 📚 The script discusses Chapter 2 on the nature and effects of obligations, building upon the definition and sources of obligations from Chapter 1.
• 📖 An obligation is defined as a juridical necessity to perform an act, with penalties for non-compliance as outlined in Article 1156.
• 🔍 The script differentiates between two types of obligations: 'real obligations' which involve giving or not giving a specific object, and 'personal obligations' which can be either positive (to do) or negative (not to do).
• 📦 Real obligations are further divided into 'specific' or 'determinate' objects, which are uniquely identified and cannot be replaced, and 'generic' objects, which can be substituted with similar items.
• 🔑 The script emphasizes the importance of identifying specific objects through unique identifiers like serial or plate numbers to ensure they cannot be replaced.
• 🛠️ The law requires the debtor to preserve a determinate object with the diligence of a good father of a family, as per Article 1163, until it is delivered.
• 🚚 The debtor's obligations for a determinate object include delivering the object itself, its accessories, accessions, and any fruits it may produce, as per Articles 1164 and 1166.
• 🍎 'Fruits' in the context of the script refer to natural, civil, and industrial fruits that are produced by or related to the object, which the debtor must also deliver.
• 🔗 The principle that accessories and fruits follow the principal object means that they must be delivered along with the principal object unless explicitly excluded by agreement.
• 📝 The script explains the difference between 'personal rights', which are demandable against a specific person, and 'real rights', which can be demanded from the whole world.
• 📉 For generic objects, the debtor's obligations are less stringent, focusing mainly on delivering the agreed-upon object in the agreed quality and quantity and being liable for damages in case of breach.

Q & A

What is the definition of an obligation according to Article 1156?

An obligation is a juridical necessity to give, to do, or not to do, which implies the necessity to perform or comply with the obligation to avoid penalties or sanctions for failure to do so.

What are the two general kinds of obligations identified in the script?

The two general kinds of obligations are the real obligation, which includes the obligation to give and not to give, and the personal obligation, which is further divided into positive personal obligation to do and negative personal obligation not to do.

What is a specific or determinate object in the context of real obligations?

A specific or determinate object is one that has been particularly identified and segregated from the rest of its kind, meaning it cannot be replaced with another object of the same kind.

Can you provide an example of a specific or determinate object?

An example of a specific or determinate object is a cell phone identified by its unique serial number, which means it is the only object to be delivered and cannot be substituted with another cell phone.

What is the principle that applies to generic objects in obligations?

The principle that applies to generic objects is 'genus never perishes,' which means that if the object agreed upon is generic, it can be replaced with any other object of the same kind because it is not unique.

What are the specific duties of a debtor according to Article 1163 when dealing with a determinate object?

According to Article 1163, the debtor is obliged to preserve the determinate object with the proper diligence of a good father of a family, unless another degree of diligence has been required or agreed upon by the parties.

What are the different degrees of diligence mentioned in the script?

The different degrees of diligence mentioned are ordinary diligence, simple diligence, and extraordinary diligence, with ordinary diligence being the default degree of care unless otherwise agreed upon by the parties.

What are the obligations of a debtor regarding the delivery of a determinate object?

The obligations include preserving the object pending delivery, delivering the object itself, delivering the accessories and accessions of the object, and delivering the fruits of the object. Additionally, the debtor must answer for damages in case of non-fulfillment or breach of the obligation.

What are accessions and accessories in the context of delivering a determinate object?

Accessions are fruits of a thing or additions/improvements made for its improvement, while accessories are things joined with the principal object for embellishment, better use, or completion of the object. Both must be delivered along with the principal object.

What are the three kinds of fruits identified in the script?

The three kinds of fruits are natural fruits, which are produced naturally by the object; civil fruits, which are obtained by virtue of a certain relationship or contract; and industrial fruits, which are produced by labor or work of a person.

What is the difference between a personal right and a real right as discussed in Article 1164?

A personal right is demandable from a specific person and is available only against that specific person, whereas a real right is demandable against the whole world. In the context of fruits, the creditor initially has a personal right to demand the fruits, which converts to a real right once the fruits are delivered and the creditor becomes the owner.

What are the obligations of a debtor if the object to be delivered is generic?

If the object is generic, the debtor's obligations are to deliver the object as agreed upon in the quality and quantity, and to be liable for damages in case of a breach or failure to perform the obligation. There is no obligation to preserve, deliver fruits, accessions, or accessories because the object is not specific.